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All Journal Al-Jami'ah: Journal of Islamic Studies Syariah: Jurnal Hukum dan Pemikiran Journal of Islamic Law Al-Manahij : Jurnal Kajian Hukum Islam JURIS (Jurnal Ilmiah Syariah) Legal Protection for the Partnership Agreement Parties
Raihanah Abdullah
Associate Professor at the Department of Shariah and Law, Academy of Islamic Studies, University of Malaya and is currently a Deputy Director of Center for Civilisational Dialogue, University of Malaya
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : JURIS (Jurnal Ilmiah Syariah)

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Sharia Economic Bankruptcy Law (al-Taflis) and the Dualism of Court Competency in Indonesia Prihasmoro, Adi; Sopyan, Yayan; Abdullah, Raihanah; Sufiarina, Sufiarina
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i2.11045

Abstract

Since Religious Court Law was amended by Law No. 3 of 2006, every sharia economic case is stipulated as the competency of the Religious Court. Conversely, Bankruptcy Law No. 37 of 2004 has never been synchronized with the amended Religious Courts Law. Therefore, the competent court does not handle sharia economic bankruptcy (al-taflis) cases. This study aims to ensure that al-taflis can be examined based on sharia economic principles by the most appropriate judicial forum. It is normative legal research using primary and secondary legal materials such as court decisions, statutory, books, journals, reports, and internet sources, then analyzing and synchronizing to get an ideal formula regarding how al-taflis cases are settled in court. The result shows that al-taflis is appropriately stipulated as the absolute competence of Religious Courts. Case studies of al-taflis court decisions settled by the Commercial Court so far, also indicate that sharia principles are not sufficiently considered in the decisions, even ignored. Therefore, it is urgent to make synchronization efforts by amending the Bankruptcy Law until it can accommodate the settlement of al-taflis case through Religious Courts. Otherwise, it will be only a utopian sharia economic bankruptcy law
Co-Authors Ahmad Subakir, Ahmad Batubara, Samin Gusti Muzainah Hasbi, Muhammad Amirul Hasbi, Muhammad Amirul Iqbal Kamalludin Khoiruddin Nasution Mat Hussin, Mohd Norhusairi bin Mat Hussin, Mohd Norhusairi bin Nur Wakhidah Prihasmoro, Adi Sadiani Siti Musawwamah Sufiarina Teguh Mulyo, Mufrod Trianah Sofiani Yayan Sopyan